Court refuses Goulburn district quarry

The court last week dismissed Jasminco Resources' appeal against the council's refusal of a basalt quarry at 288 Tiyces Lane, some 5km due east of Goulburn.

The decision followed a five-day hearing in two parts before Commissioner Sarah Bish. The court ruled that there was inadequate detail to enable a proper assessment, particularly regarding road design and that landowner's consent to widen part of the thoroughfare had not been obtained.

In doing so, it confirmed a Southern Joint Regional Planning Panel decision last year to refuse the application for the same reasons. The panel at that time also found that the quarry was unsuitable in an E3 environmental zone and incompatible with surrounding land uses.

Residents dig in to deny quarry bid

Tiyces Lane project back to drawing board

The proponents lodged the DA in various incarnations and under different company names on three occasions since 2011. All have been refused either by the council or the JRPP.

Jasminco wanted to extract 30,000 cubic metres of basalt annually for 10 years from the site, 2.8km along Tiyces Lane from the Hume Highway.

The council hopes the court's decision ends the matter.

"Council was very disappointed that this matter was appealed to the court as we were always aware that insufficient information was available to make a planning determination," general manager Warwick Bennett said in a statement.

"We are of course delighted that the court has come to the same conclusion as us. Let's hope these applications cease on this property and we can stop the waste of ratepayer funds."

A spokesman said the council had incurred more than $100,000 in legal fees and would be pursuing "appropriate costs."

Tiyces Lane resident Tony Egan spoke at the recent court hearing. He was one of many residents who objected to the various applications.

"People are overjoyed (at the decision) because it would have been an absolute nightmare getting out on to the highway and there was very little possibility the road would ever have been constructed to a satisfactory level," Mr Egan said.

"It would have stayed in the early stages of development."

Twenty-two trucks daily would have hauled product from the quarry, turning on to the Hume Highway.

Road safety has been a key contention throughout. Residents continually argued Tiyces Lane was not built to handle quarry trucks.

Commissioner Bish was not convinced by a proposed consent condition which deferred more detailed road design until after approval was granted. The road upgrade could extend on to private land, which she said impacted on safety and functionality of the project.

"I find that based on evidence before the court in this appeal, uncertainty still prevails," she said.

"...I do not accept the proposition advanced by Mr (Robert) Mowle (the applicant's consultant) that the failure to provide an appropriate level of information can be overcome by the grant of a deferred commencement consent...."

Mr Mowle had told the court that he was confident the required road works could be contained in the road reserve and that no private land would be necessary.

But the councils' representative argued the road upgrade plans were not sufficiently detailed to ensure road safety and the quarry's functionality as it related to heavy vehicle haulage.

The court refused the project.

Mr Egan said the quarry's location might not have been such an issue 40 years ago when he first moved to his Tiyces property.

"There are too many houses around now and it's a rural residential area," he said.

"There are 10 to 11 homes within 1km of the proposed quarry whose residents can't live with trucks reversing beeping horns and blasting."

The proponent had said the basalt wouldn't be blasted but Mr Egan argued the documents left the door open for this to be added down the track.

Four residents addressed the court on April 4. Their concerns included noise and wind data which they maintained was taken from Goulburn Airport and Towrang and was not representative of Tiyces Lane.

Mr Egan hoped another DA wouldn't raise its head.

"If it does, we will fight it," he said.

"It would radically change the use of the land and all for one landholder to make money out of a block and destroy the area. Its only future use could be a tip."

The Goulburn Post has requested comment from the applicant's consultant.

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